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11-20-72 City Council MinutesREGULAR MEETING of the VILLAGE COUNCIL November 20, 1972 Pursuant to due call and notice thereof, a regular meeting of the Council of the Village of Golden Valley, Hennepin County, Minnesota, was held at 7800 Golden Valley Road in said Village on November 20, 1972, at 7:30 o'clock P. M. The following members were present: Hoover, Paulson, Riggs, Stockman, and Ulstad; and the following were absent: None. Present were Village Manager, Barkley G. Omans; Village Attorney, Allen Barnard; Village Engineer, Lowell Odland; Village Clerk, Helen Penniman; Deputy Assessor, James Ingemunson; Public Safety Director, David Gorski; Superintendent of Building & Zoning, Jon Westlake. Minutes of November 6, 1972: MOVED by Hoover seconded by Ulstad carried to approve the minutes of Nov- ember 6, 1972, as submitted. Award - United Fund: The Mayor presented an award on behalf of the United Fund to the Village Employees for their participation. The Public Safety Director, David Gorski, accepted the award on behalf of the employees. State Board of Assessors - James M. Ingemunson: The Mayor presented an Accredited Assessor Certificate to James M. Ingemunson issued by the State Board of Assessors upon completion of the necessary courses. Public Hearing - Public Improvements - 73-WM-1: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments 73-WM-1 described in the resolution of this Council relating hereto, adopted on October 16, 1972. Said affidavit was then examined, approved and ordered filed in the office of the Village Clerk. The Mayor then announced that the meeting was open for public hearing on said proposed public improvements, and all persons present to do so were afforded opportunity to express their views thereon. No persons presented objections except the following: OBJECTOR OBJECTION Martin W. Orbuch Questioned the division of costs 3920 Glenwood Avenue for the improvement and asked how to request deferment of assess- ments. '' 1 Regular Meeting of the Village Council, November 20 1972 Harold Berman Are the two lots to the east going 4020 Roanoke Circle to be assessed? The new develop- ment should pay 100% of new street costs. The Mayor closed the public hearing. Member Hoover introduced the following resolution and MOVED its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS (73-WM-1) The motion for the adoption of the foregoing resolution was duly seconded by Member Ulstad, and upon vote being taken thereon, the following voted in favor thereof: Hoover, Paulson, Riggs, Stockman, and Ulstad; and the following voted against the same: None, whereupon said resolution was der6 clared duly passed and adopted, signed by the Mayor, and his signature at- tested by the Village Clerk. See Resolutions Book page Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION (73-WM-1) The motion for the adoption of the foregoing resolution was duly seconded by Member Hoover, and upon vote being taken thereon, the following members voted in favor thereof: Hoover, Paulson, Riggs, Stockman, and Ulstad; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor, and his signature attested by the Village Clerk. See Resolutions Book page .6 0 . Public Hearing - Public Improvements - 73 -SI -1: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments 73 -SI -1 described in the resolution of this Council relating thereto, adopted on October 16, 1972. Said affidavit was then examined, approved and ordered filed in the office of the Village Clerk. The Mayor announced that the meeting was open for public hearing on said pro- posed public improvement, and all persons persent to do so were afforded op- portunity to express their views thereon. No persons presented objections. The Mayor closed the public hearing. Member Hoover introduced the following resolution and MOVED its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS (73 -SI -1) Regular Meeting of the Village Council, November 20, 1972 The Motion for .the adoption of the foregoing resolution was duly seconded by Member Ulstad, and upon vote being taken thereon, the following members voted in favor thereof: Hoover, Paulson, Riggs, Stockman, and Ulstad; and the following voted against the same: None, whereupon said resolution was de- clared duly passed and adopted, signed by the Mayor and his signature attest- ed by the Village Clerk. Sed Resolutions Book page SJ69,. Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION (73 -SI -1) The motion for the adoption of the foregoing resolution was duly seconded by Member Hoover, and upon vote being taken thereon, the following members voted in favor thereof: Hoover, Paulson, Riggs, Stockman, and Ulstad; and the fol- lowing voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor, and his signature attested by the Village Clerk. See Resolutions Book page. Public Hearing - Public Improvement - 73 -LF -1: The Village Clerk presented an affidavit showing publication in the official newspaper of the Notice of Public Hearing on certain proposed Public Improve- ments 73 -LF -1 described in the resolution of this Council relating thereto, adopted on October lb, 1972. Said affidavit was then examined, approved and ordered filed in the office of the Village Clerk. The Mayor then announced that the meeting was open for public hearing on said proposed public improvements, and all persons present to do so were afforded opportunity to express their views thereon. No persons presented objections. The Mayor closed the Public Hearing. Member Hoover introduced the following resolution and MOVED its adoption: RESOLUTION ORDERING CONSTRUCTION OF CERTAIN PROPOSED PUBLIC IMPROVEMENTS (73 -LF -1) The motion for the adoption of the foregoing resolution was duly seconded by Member Ulstad, and upon vote being taken thereon, the following members voted in favor thereof: Hoover, Paulson, Riggs, Stockman, and Ulstad; and the fol- lowing voted against the same: None, whereupon said resolution was declared duly passed and adopted signed by the Mayor, and his signature attested by the Village Clerk. See Resolutions Book page J e, :5. Member Ulstad introduced the following resolution and MOVED its adoption: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING MANNER OF CONSTRUCTION (73 -LF -1) Regular Meeting of the Village Council, November 20, 1972 The motion for the adoption of the foregoing resolution was duly seconded by Member Hoover, and upon vote being taken thereon, the following members voted in favor thereof: Hoover, Paulson, Riggs, Stockman, and Ulstad; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor, and his signature attested by the Village Clerk. See Resolutions Book page Public Hearing - Planned Unit Development #9 - Valley Club Apartments: Mr. Warren LUndsgaard, Chairman of the Planning Commission, presented the Planning Commission recommendation to deny the proposed Planned Unit Devel- opment #9 (Valley Club Apartments), mainly on height since the other condi- tions have been met. PROPONENT Otto Schmid, Planning Consultant representing, Valley Club Apartments OBJECTOR L. B. Gartner 220 Meadow Lane North Phil 0. Lysne 303 Sunnyridge Lane Henry Edling 428 Sunnyridge Lane Mr. P. K. Larson PROPONENT Chas. Coulter, Proponent REASON Proposed nine story apartment with 75 condiminium units on the western portion of two blocks. Two floors of underground parking. Building to cover 13% of the area, 75% in green area. OBJECTION Any confusion is with the proponents, Mistake in zoning to M-2 in 1965. All neighbors are opposed to 9 stories. No one is in favor of the proposed building, don't care about green area only the building height. Proponents will eventually win out or else they would not have bought the property, but would have leased it The decision is on the Council should- ers they should vote the way the neigh- bors want, not the way they feel in- dividually. Wholeheartidly supports Mr. Edling's position, has lived there since 1941 the area was a lake then. REASON Originally sought a variance, then followed the PUD design. Could build 206 Regular Meeting of the Village Council, November 20, 1972 four stores without underground parking, the cost of piling ap- proximately the same. The Mayor closed the public hearing. After discussion it was MOVED by Ulstad seconded by Hoover carried to meet with the Planning Commission to discuss the proposed project on December 12, 1972. Paulson voted "NO". MOVED by Hoover seconded by Stockman carried to place the matter on the agenda on December 18, 1972. Mayor Riggs voted "NO". Appeal from BZA - Placet, Inc. (Certificate of Occupancy): Mr. Mike Sell, Chairman of the BZA, presented the board recommendation to support the Superintendent of Building and Zoning in his determination that the proposed industry did not fit into the Light Industrial category. Mr. Robert Brenny, Premier Realty, stated that Placet, Inc., have complied with requirements of no outside storage in their lease, and will comply with all Village Codes. Wellington Law, Attorney for Premier Realty, a satisfactory system for elimination of odors will be required from the tenant. Would have no hesi- tancy in assuring compliance with any engineering problems. The Mayor closed the Public Hearing. MOVED by Hoover seconded by Paulson carried to deny the appeal from BZA and classify the industry to Industrial Zone. City of St. Louis Park - Bus Route, South Tyrol Hills: The Village Engineer and Public Safety Director rode the bus over the propos- ed route and saw no engineering or safety problems. MOVED by Ulstad seconded by Stockman carried to request additional time from St. Louis Park until after January 15, 1973 to poll the residents of South Tyrol Hills. Fred Dresser, 320 Clover Leaf Drive - Mobile Home: 1 Mr. Fred Dresser, 320 Clover Leaf Drive, requested permission to leave a mobile home parked by his residence until spring. MOVED by Hoover seconded by Stockman carried to require the removal of the mobile home at 320 Clover Leaf Drive by December 31, 1972. Human Rights Commission - re: Youth Commission: J 1 Regular Meeting of the Village Council, November 20, 1972 Mrs. Ann Graves, Chairman of the Human Rights Commission, presented a request that Council interview and appoint a Youth Commission Steering Com- mittee. MOVED by Hoover seconded by Paulson carried to schedule interviews November 27, 1972 at 7:30 P.M., and extend the deadline for recommendations from the committee to October 1, 1973. Approval of Bond &_Ag;reements - Valle D'Or (PUD X65): The Superintendent of Building and Zoning presented bonds agreements and building permit for Council approval as follows: Sewer & Water Bond $55,950.00 Street & Site Grading $61,000.00 Surfacing Bond $20,011.00 Landscaping Bond $20,000.00 MOVED by Stockman seconded by Ulstad carried to approve the agreement and bond amounts as presented. Mr. Wm. Lundberg, Townsedge, requested approval of building permits for twelve models and footing permits for the balance of the construction for Phase One. MOVED by Ulstad seconded by Hoover carried to approve the request for twelve model units and footing permits, subject to the requirements of the village staff and filing of the final plat. Dog Pounding Agreement - :Metropolitan Animal Patrol Service, Inc.: The Village Manager presented a proposed agreement with the Metropolitan Animal Patrol Service, Inc., to furnish "Pounding -Only" Service for a period of one year beginning on January 1, 1973 through December 31, 1973. MOVED by Hoover seconded by Paulson carried to authorize the Mayor and Village Manager to enter into the agreement with Metropolitan Animal Patrol Service, Inc., for one year. Elks Club Report re: Membership Clause: Mr. Robert Rood, representing the Elks Club, presented a report on their efforts to remove the membership clause from their application and request- ed that they be allowed to go on record that each lodge be allowed to remove the restrictive clause from their application by the Minnesota Elks Associa- tion. Mr. Rood requested that Council permit them to continue to take posi- tive steps without interruption of their liquor license. Mr. Dick Gustafson, Human Rights Commission, stated they were not interested in the liquor licensecmlythe right of membership for Golden Valley residents. MOVED by Hoover seconded by Ulstad carried to receive the report from the Elks Club and refer it to the Human Rights Commission for consideration. 07 Regular ,Meeting of the Village Council, November 20, 1972 St. Louis Park - Request Assessment Waiver: The Village Manager presented a request from St. Louis Park for abatement of special assessment taxes on Lots 4 through 15, Block 2, Murri-Mac Indus- trial Park Replat for the proposed nature facility. :MOVED by Stockman seconded by Hoover carried to request overall agreement in participation with St. Louis Park in the proposed Educational Environmen- tal Center before making a determination on the special assessment tax pro- posal. Police Explorer Program - David L. Gorski: The Public Safety Director presented a report on the Boy Scouts of America and an Explorer Post, the training and activities they are engaged in and their long range aims. MOVED by Stockman seconded by Ulstad carried to commend the Police Explorer Program. James L. Daniels - re: Police Department: Mr. James L. Daniels of law offices of Daniels, Johnson, Bix, Mergens & Daniels, sent a letter of commendation to the Golden Valley Police Depart- ment and to Sergeant Zelinsky, and officers Otto and Wells to express their feelings for a job well done. MOVED by Ulstad seconded by Stockman carried to receive and file the letter from James L. Daniels. Resignation from Planning Commission - Dean VanHorn: Dean VanHorn submitted his resignation from the Planning Commission. MOVED by Hoover seconded by Paulson carried to accept the resignation of Dean VanHorn and send a letter of appreciation. Resignation from Park & Recreation Commission - Chester Durda: Chester Durda submitted his resignation from the Park & Recreation Commis sion. MOVED by Stockman seconded by Ulstad carried to accept the resignation of Chester Durda and send a letter of appreciation. License List: MOVED by Ulstad seconded by Hoover carried to approve the license list as follows: All present agreed to add the above item to the agenda. Lt. Tom Morgan, Public Safety Department, presented a request for support of a special law to provide $600.00 per year of service per man pension for the Fire Relief Association Fund. MOVED by Stockman seconded by Hoover to accept the recommendation of $600.00 per year service per man pension for the Fire Relief Association Fund. Mayor Riggs offered an amendment to the motion of $500.00 instead of $600.00, the amendment failed for lack of a second. The original motion carried with a minimum performance standard required. First Reading Ordinance Amending Village Code -Sewer Service Rates & SAC Charges: MOVED by Stockman seconded by Hoover carried to give a first reading to an ordinance entitled: AN ORDINANCE AMENDING THE VILLAGE CODE (SEWER SERVICE RATES AND SEWER AVAILABILITY CHARGES) MOVED by Hoover seconded by Ulstad carried to approve the ordinance herein quoted by title on its first reading. Public Safety Building: MOVED by Stockman seconded by Ulstad carried to defer the above item to the meeting of December 4, 1972. 1972 Presidential Election: The Village Manager reported on the conduct of the election and the election officials valuable service to the community and recommended recognition of that service. MOVED by Stockman seconded by Paulson carried to commend the elections offic- ials in the next village bulletin. State Aid Assessment Policy: Regular Meeting of the Village Council, November 20, 1972 No. Licensee Type Fee 2046 Dinner at Your Door - Pat Eaton Catering Vehicle Exempt 2047 Jerry Welander Solicit - Fuller B. $ 10.00 2048 Fern Anderson Solicit - Shaklee 10.00 2049 Cork n Cleaver Food Establishment 30.00 2050 Cork n Cleaver Cigarettes 18.00 in adv. Sunday Intoxicating Liquor 4972 Cork & Cleaver $200.00 Fire Relief Association Fund: All present agreed to add the above item to the agenda. Lt. Tom Morgan, Public Safety Department, presented a request for support of a special law to provide $600.00 per year of service per man pension for the Fire Relief Association Fund. MOVED by Stockman seconded by Hoover to accept the recommendation of $600.00 per year service per man pension for the Fire Relief Association Fund. Mayor Riggs offered an amendment to the motion of $500.00 instead of $600.00, the amendment failed for lack of a second. The original motion carried with a minimum performance standard required. First Reading Ordinance Amending Village Code -Sewer Service Rates & SAC Charges: MOVED by Stockman seconded by Hoover carried to give a first reading to an ordinance entitled: AN ORDINANCE AMENDING THE VILLAGE CODE (SEWER SERVICE RATES AND SEWER AVAILABILITY CHARGES) MOVED by Hoover seconded by Ulstad carried to approve the ordinance herein quoted by title on its first reading. Public Safety Building: MOVED by Stockman seconded by Ulstad carried to defer the above item to the meeting of December 4, 1972. 1972 Presidential Election: The Village Manager reported on the conduct of the election and the election officials valuable service to the community and recommended recognition of that service. MOVED by Stockman seconded by Paulson carried to commend the elections offic- ials in the next village bulletin. State Aid Assessment Policy: Z10 Regular Meeting of the Village Council, November 20, 1972 The Village Manager requested guide rates to be used for 1973 and future construction for rebuilding, widening or reconstruction of streets at $7.50 a front foot for residential and $15.00 for other uses. Where a new street is being opened or platted an additional cost of grading and graveling a residential street is assessed. MOVED by Paulson seconded by Stockman carried to approve State Aid Assess- ment policy guide rates as requested in the amount of $7.50 and $15.00. Wage & Salary Negotiation Pr2Z ess: The Village Manager reported for Council information. No action was taken. Council scheduled a Special Meeting to review wages and salaries for village employees not covered by Local 49 for December 11, 1972 at 6:30 P.M. Voting Machine Storage: The Village Manager requested $4,100 transferred from Contingency Fund to Election Fund for remodeling of storage space for the village voting mach- ines. MOVED by Paulson seconded by Stockman carried to approve transfer of $4,100 from Contingency Fund to Election fund for remodeling of storage space for the village voting machines, and awarding of the bid to UNSCO for the work. October Budget Report: MOVED by Hoover seconded by Paulson carried to receive and file the October budget report. Final Plat Approval - Briar Wood (PUD #7): Member Stockman introduced the following resolution and MOVED its adoption: RESOLUTION (Acceptance of Plat and Approval of Plan - Briar Wood Planned Unit Development Number Seven) The motion for the adoption of the foregoing resolution was duly seconded by Member Paulson, and upon vote being taken thereon the following members voted in favor thereof: Hoover, Paulson, Riggs, Stockman, and Ulstad; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor and his signature attested by the Village Clerk. See Resolutions Book page. Request for Public Hearing - RSL - 49 (12-18-1972): The Village Engineer presented a request for a public hearing on RSL -49 on December 18, 1972. Regular Meeting of the Village Council, November 20, 1972 Member Hoover introduced the following resolution and MOVED its adoption: RESOLUTION PROVIDING FOR PUBLIC HEARING ON CERTAIN PROPOSED PUBLIC IMPROVEMENTS (RSL -49) The motion for the adoption of the foregoing resolution was duly seconded by Member Stockman, and upon vote being taken thereon, the following mem- bers voted in favor thereof: Hoover, Paulson, Riggs, Stockman, and Ulstad; and the following voted against the same: None, whereupon said resolution was declared duly passed and adopted, signed by the Mayor, and his signa- ture attested by the Village Clerk. See Resolutions Book page_"�m• CATV Minutes - November 1' 1972: MOVED by Stockman seconded by Ulstad carried to receive and file the CATV minutes for November 1, 1972. Environmental Commission Minutes _-_November 13_, 1972: MOVED by Ulstad seconded by Stockman carried to receive and file the Environ- mental Commission minutes for November 13, 1972. Planning Commission Minutes - November 13,_1972: MOVED by Stockman seconded by Ulstad carried to receive and file the Plan- ning Commission minutes for November 13, 1972. Board of Zoning Appeals Minutes - November 14, 1972: MOVED by Hoover seconded by Ulstad carried to receive and file the Board of Zoning Appeals Minutes for November 14, 1972. Police Report for October 1972: MOVED by Stockman seconded by Ulstad carried to receive and file the Police Report for October, 1972. Bills and Claims: MOVED by Stockman seconded by Ulstad carried to approve the bills as sub- mitted on the prelist. Request for Withdrawal of Waiver of Platting Ordinance - Health Central, Inc.: Health Central, Inc., requested withdrawal of the request for waiver of Platting Ordinance dated March 1, 1972 for a SO foot strip of land adjacent to the Minneapolis Clinic. MOVED by Paulson seconded by Stockman carried to approve the request and rescind the action of Council approving the waiver of Platting Ordinance. 212 Regular Meeting of the Village Council, November 20, 1972 MOVED by Paulson seconded by Stockman carried to approve the request and re- scind the action of Council approving the waiver of Platting Ordinance. MOVED by Ulstad seconded by Paulson carried to adjourn the meeting at 1:30 A. M. Attest: Village Clerk ayor 1 i